Legal Opinion

Thompson v. Metropolitan Life Insurance

Appellate Division of the Supreme Court of the State of New York

Decided November 25, 1908Published

Appeal by the plaintiff, William. H. Thompson, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Cayuga on the 21st day of May, 1906, upon the dismissal of the complaint by direction of the court after a trial at the Cayuga Trial Term, and also from an ordér entered on the 19th day of July, 1908,'denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Spring, J.:

On August 15, 1901, the defendant issued its policy of insurance upon the life of David H. Thompson whereby it agreed to pay to the plaintiff the sum of $192 upon the death of the insured, if he complied with tha conditions of the policy agreement. The premium was fifteen cents each week and had been paid regularly to the time of the death of the insured, October 9, 1903. This, action is brought upon the insurance agreement to recover the sum stated and the defendant lias answered, charging that the insured was guilty of fraud in procuring the policy.

*421The policy was founded upon the…

2Cases cited3 opinions

  1. Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902
  2. Gray v. . Richmond Bicycle Co.New York Court of Appeals · 1901
  3. Hausling v. RheinfrankAppellate Division of the Supreme Court of the State of New York · 1905

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